Applying for mom’s green card, while she is on visitor visa.

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sap283

Registered Users (C)
Hopefully I will be USC soon, so I can sponsor my mom. However I want to invite my mom now to visit USA on visitor visa. If she comes here on visitor visa , and while her stay is till valid and I become a USC, and apply for her GC, would there be any negative consequence on her AOS?


Anyone has gone through such situation? Your responses are appreciated.
 
Applying for AOS as a visitor is always difficult and she might be accused of immigration fraud (entering on a visitor visa with immigrant intent). Its best to wait 3 month before applying for AOS, and don't try it on a VWP visa. Consular processing is always the safest approach.
 
I know a case where someone did AOS on VWP after marrying a USC and that was a catastrophe, so even for spouses its not advisable.
 
TheRealCanadian said:
To clarify, it's IMPOSSIBLE to do it on the VWP unless you are married to a US citizen. The I-485 will simply be denied, since the INA forbids USCIS from approving it.
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Ditto.
USCIS normally "forgives" the entry on a visitor visa if the immigrant marries a USC, but definitely not in this case.
 
Not on VWP

nscagony said:
Applying for AOS as a visitor is always difficult and she might be accused of immigration fraud (entering on a visitor visa with immigrant intent). Its best to wait 3 month before applying for AOS, and don't try it on a VWP visa. Consular processing is always the safest approach.
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She won’t be coming on VWP. Also I am not USC yet, and don’t know when I will be (as still no IL) so, I am not sure what might be best approach. Also, if I become USC while she is here, I may try to wait applying for her AOS until her last day of authorized stay.

Nscagony: Can you elaborate on “Its best to wait 3 month before applying for AOS”?
 
There is memo saying that if you apply for AOS within 30 days they assume its fraud. Between 30 and 60 days you have to prove its not fraud. Between 60 and 90 days they have to prove its fraud. Past 90 days its assumed to be not fraud.
 
Why are you expending so much effort on planning for AOS for a B2 visitor when she should/could return to her home before the expiration of her I-94 and file for consular processing after you have become a citizen without any questionable tactics on your or her part?

I suspect the next question if she does an AOS is how soon she can get an AP to return to her native country and finish up her affairs (or live there since she really will be using her GC for visiting).

You are planning for AOS before she arrives. Your tactics should be questioned. Sorry if I sound cynical, it is just this scenario is repeated frequently on this forum.
 
AOS while here on a visit

I were planning on doing the same with my mother GC I spoke to an immigration attorney, she confirmed it will be just fine to file both i-130 & i-485 together approx 45 days after she enters US and all should be fine.
Shorter processing here when in the USA total approx 4 mths ,overseas approx 6-8 mths.
Not sure why all the info is different on these post.
Ash
 
ASHTON KUTCHER said:
I were planning on doing the same with my mother GC I spoke to an immigration attorney, she confirmed it will be just fine to file both i-130 & i-485 together approx 45 days after she enters US and all should be fine.
Shorter processing here when in the USA total approx 4 mths ,overseas approx 6-8 mths.
Not sure why all the info is different on these post.
Ash
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So, you found an ATTORNEY who coaches people in planning their immigration fraud!? How shameful! And to boast about on an honest immigration attorney's forum--even more shameful.
 
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